not exceeding one hundred dollars, or such vessel and the tackle, rigging, apparel, furniture, stores and cargo thereof shall be forfeited, as the magistrate before whom the proceeding is taken shall determine. 3. All goods and vessels, and the tackle, rigging, apparel, furniture, stores and cargo thereof, liable to forfeiture under this Chapter, may be seized and secured by any officer or person mentioned in the first section hereof, and every person opposing any such officer or person in the execution of his duty under this Chapter, or aiding or abetting any other person in such opposition, shall be deemed guilty of a misdemeanor and liable to a fine of five hundred dollars. 4. In any prosecution under this Chapter, the presence on board any foreign fishing vessel in any port of this Colony, or within British waters aforesaid, of any caplin, squid, or other bait fishes, of ice, lines, seines, or other outfit or supplies for the fishery, shall be prima facie evidence of the purchase of the said bait fishes and supplies and outfits within such port or waters. 5. No alien, not so entitled by treaty or convention for the time being in force, shall fish in the waters of this Colony; and the master, owner, or agent of any fishing vessel who permits any alien not so entitled to fish in, from or for such vessel shall be liable to a penalty not exceeding one hundred dollars, or to the forfeiture of such vessel, as the magistrate shall determine. 6. No person, being a British subject, shall fish in, from, or for a foreign fishing vessel in the waters of this Colony, and the master, owner, or agent of any foreign fishing vessel who permits any such British subject to fish in, for, or from such vessel, shall be liable to a penalty not exceeding one hundred dollars, or to the forfeiture of such vessel, as the magistrate shall determine. 7. No person, being a resident of this Colony, shall leave this Colony for the purpose of engaging in foreign fishing vessels which are fishing or intending to fish in the waters of this Colony, under a penalty not exceeding one hundred dollars. 8. No person, being a resident of this Colony, shall sell, let, hire, lend or remove from this Colony for the purpose of selling, letting, hiring, or lending to a master, owner or agent of any foreign fishing vessel any boats, nets, or gear, under a penalty not exceeding one hundred dol lars; nor shall the master, owner or agent of any foreign fishing vessel buy, hire, or borrow, in any port or place in this Colony, or in the waters of this Colony, any boats, nets, or fishing gear from any person resident in this Colony, under a penalty for each offence not exceeding one hundred dollars. 9. The master of any vessel who conveys any person resident in the Colony outside the waters of the Colony, for the purpose of enabling such person to be engaged on board any foreign fishing vessel, shall be liable to a penalty not exceeding one hundred dollars. 10. All offenders against the provisions of this Chapter may be prosecuted and convicted, and all fines, forfeitures, penalties, and other punishments imposed, recovered and made in a summary manner before a Stipendiary Magistrate; and any vessel, and the tackle, rigging, apparel, furniture, stores and cargo thereof, liable to forfeiture under the provisions of this Chapter, may be sued for, prosecuted, recovered and condemned in a summary manner before a Stipendiary Magistrate in a proceeding against the master or other person in charge of such vessel. For the purposes of this Chapter all Stipendiary Magistrates shall be deemed to be Stipendiary Magistrates for the Colony, and may exercise the jurisdiction given by this Chapter in any part of the Colony. 11. If any person convicted under this Chapter shall feel himself aggrieved by such conviction, he may appeal therefrom to the then next sitting of His Majesty's Supreme Court, holden in or nearest the place where such conviction shall have been had, or in St. John's: Provided notice of such appeal, and of the cause and matter thereof, be given to the convicting magistrate in writing within seven days next after such conviction, and the party desiring to appeal shall also, within fourteen days after such notice, give and enter into recognizance, with two approved sureties, before the convicting magistrate, conditioned for the appearance of the person convicted at such next sitting of the Supreme Court, on the first day of such sitting, for the prosecution of the appeal with effect and without delay, to abide the judgment of the Court thereon, and for the delivery and surrender of any vessel o rother property ordered to be confiscated, and to pay such costs as the Court may award. 12. No proceeding or conviction by, or order of any Magistrate or other officer under this Chapter shall be quashed or set aside for any informality, provided the same shall be substantially in accordance with ر 13. All foreign fishing vessels exercising rights under any treaty or convention shall be amenable to all the laws of the Colony not inconsistent with any such rights under treaty or convention. 14. Nothing in this Chapter shall affect the rights and privileges granted by treaty to the subjects of any State in amity with His Majesty; and sections 1 and 4 hereof shall not be held to apply to any foreign fishing vessels resorting to the waters of this Colony for the exercise of treaty rights. 15. The Governor in Council may at any time by proclamation suspend or limit the operation of this Chapter, as to the whole Chapter or any part thereof, and in relation to the whole Colony, or any district or parts thereof, and as to all or any classes of persons, and for any period as shall be expedient and as may be declared in such proclamation. 16. In this Chapter the word "vessel" shall include any boat or ship, registered or not registered, jack, skiff, punt, or launch, whether propelled by sails, oars or steam. 17. This Chapter shall come into operation upon a day to be appointed for that purpose by proclamation of the Governor to the effect that the same has been approved and confirmed by His Majesty in Council. CHAPTER 156. Of the Export and Sale of Bait Fishes. SECTION 2.-Licenses may be granted for certain pur- 3.-Licenses issued under certain authority. 5.-Conditions under which licenses granted. 7. Licensee shall give bond to Minister 9.-Penal clause. 10. Power of convicting Magistrate to confiscate, &c. 11.-Penalty for violation of chapter. 1. No person shall— SECTION 12.-Onus probandi upon accused party. 16. Additional powers given to officials. 18.-Offences may be prosecuted summarily. 20. Proceedings not to be set aside for want of 21. Interpretation clause. 23. Power of Stipendiary Magistrates and of- (1) Export, or cause or procure to be exported, or assist in the exportation of; or (2) Haul, catch, take, or have in his possession, for the purpose of exportation; or (3) Purchase or receive in trade or barter, for the purpose of exportation; or (4) Take, ship, or put or haul on board, or assist in taking shipping, putting or hauling on board of any ship or vessel for any purpose whatever; or (5) Carry or convey on board of any ship or vessel for any purpost whatever, any herring, caplin, squid, or other bait fishes, from, in or near any parts of this Colony or its Dependencies, or from or in any of the bays, harbors, or other places therein, without a license in writing, to be granted and issued as hereinafter provided. 2. Licenses may be granted for any of the following purposes, viz.: (1) To export bait fishes to a foreign country for bait purposes. (2) To export bait fiishes to a foreign country for food or consumption. (3) To export bait fishes for use for bait purposes in prosecuting deep sea fisheries. (4) To haul, catch, or take bait fishes for exportation. (5) To purchase bait fishes for exportation for food or consumption. (6) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, bait fishes for exportation for food or consumption. (7) To purchase bait fishes for exportation for bait purposes. (8) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, bait fishes for exportation for bait purposes. (9) To take, ship, or put on board a ship or vessel, or to carry or convey on board a ship or vessel, coastwise, to be discharged or landed or transhipped to some other ship or vessel within some port in this Colony. 3. No such license shall be issued except under the authority of the Governor in Council, and countersigned by the Colonial Secretary. 4. The Governor in Council may, from time to time, by proclamation, suspend or limit the operation of this Chapter, and the issue of licenses thereunder, in relation to any district or part of this Colony, or the coasts thereof, and for such period and in relation to sale or exportation to such places or for such purposes and in such quantities as shall appear expedient, and as shall be declared and defined in the proclamation. 5. No license under this Chapter shall be granted to any person unless he shall have first made an affidavit before a Sub-collector or preventive officer of Customs, or a Stipendiary Magistrate, setting forth the following particulars, viz.: the name of the person to whom the license is to be granted; the name of the vessel on board of which it is intended to convey or export bait fishes; the purpose for which such bait fishes are intended to be conveyed or exported, whether for food or consumption, or for bait purposes; the country to which it is intended to export the same, or the place where the fishery is to be prosecuted for which such bait fishes |